Add another state to the list that will be legalizing marijuana use for medical reasons. The New York Senate voted 49-10 on June 19th to pass a bill (known as the “Compassionate Care Act”) legalizing access to medical marijuana in NYS. This Bill has been passed by both houses of the Legislature and is supported by Governor Cuomo.

Now that Governor Andrew M. Cuomo is expected to sign the bill into law later this week, the focus has shifted from getting the bill passed to how it is going to be implemented. Gov. Cuomo has until July 5th to sign the bill, and an 18-month window will begin as soon as the bill is signed to begin creating regulations for the program, award contracts to grow the marijuana and decide what conditions should be included in the list of people who will have access to the drug.

Although other states are legalizing marijuana for medical use, the program that will be implemented in New York is going to look a little different than those in other states. For example, New York is going to place restrictions against smokable forms of marijuana. They are also going to limit the amount of dispensaries that will be allowed to grow and sell the drug. Initially, there are going to be five organizations that will be allowed to dispense the drug at four different locations each. This means that there will be no more than 20 dispensaries across the state of New York, and the locations are going to be regulated so that they will be evenly distributed throughout the state.

Some people remain apprehensive that this amount of locations is going to be able to appropriately serve the amount of people who are eligible for the drug. The Department of Health is going to maintain authority over what diseases and conditions are going to be eligible for the NYS medical marijuana. Right now, the list includes:

Cancer

HIV or AIDS

Lou Gehrig’s Disease

Parkinson’s Disease

Multiple Sclerosis

Spinal-Cord Injuries

Epilepsy

Inflammatory Bowel Disease

Neuropathies

Huntington’s Disease

There are also five other conditions that are currently up in the air to receive status as diseases that would be eligible for NYS medical marijuana: Alzheimer’s, muscular dystrophy, dystonia, post-traumatic stress disorder and rheumatoid arthritis. The health commissioner will have until the end of the 18-month window to determine which, if any, of these five will become eligible.

It is important to note that some still remain cautious about the potential of this program. While The Medical Society of New York State applauded the efforts to pass the bill, they also want everyone to know that there is still some risk to this movement. They warn that there is still potential for addiction to marijuana, which means that the program will need to be monitored closely to ensure that the proper procedures are being followed.

The “Compassionate Care Act” Will:

Establish a certification and registry process for physicians to administer medical marijuana;

Put in place a process for patients to obtain, and manufacturers to dispense, medical marijuana;

Establish a Class-E felony for a practitioner that certifies an individual as eligible to facilitate the possession of medical marijuana if he or she knows or reasonably should know the person who is asking for it has no need for the medication;

Establish a misdemeanor offense for recipients of medical marijuana that sell or trade the medication; and

Create a 7% excise tax on every sale of medical marijuana by a registered organization to a certified patient or designated caregiver.

We applaud the bill’s sponsors, Senator Diane Savino and Assembly Member Dick Gottfried and the patients, family members and other advocates who worked so hard to secure its passage.

If you, or anyone you know, thinks that they are potentially eligible for medical marijuana, please visit www.marijuanaproducts.com to find a list of dispensaries as they open for business.

As of January 2014, medical marijuana has been legalized in 20 states and the District of Columbia. The states that have boarded this contributed to this decision thus far include:

Alaska

Arizona

California

Colorado

Connecticut

Delaware

Hawaii

Illinois

Maine

Massachusetts

Michigan

Montana

Nevada

New Hampshire

New Jersey

New Mexico

Oregon

Rhode Island

Vermont

Washington

Though the use of medical marijuana has been legalized in these states, there are still rules and regulations regarding the issue. Here are the most important laws you should keep in mind:

1) In Colorado AND Washington State, marijuana is legal for both medicinal and non-medicinal uses. Both states allow adults over the age of 21 to possess up to 1 oz without a medical marijuana card.

2) In the remainder of the states, there is a limit on how much medical marijuana you can legally possess- varying by state of course.

Alaska, Montana, Nevada: 1 oz

Arizona, Illinois, Maine, Michigan: 2.5 oz

California: 8 oz

Colorado, DC, New Jersey, Vermont : 2 oz

Connecticut: 1 month supply (to be determined by doctor)

Delaware, New Mexico: 6 oz

Hawaii: 3 oz

Massachusetts: 60 day supply for personal medical use

New Hampshire: 2 oz during 10-day period

Oregon, Washington: 24 oz

3) There is also a limit to how much a legal “grower” can possess. This person must be registered in the state in which they reside and must reapply every 365 days for said registration. (also varies by state)

Alaska, Colorado, Maine: 6 plants (3 mature, 3 immature)

Arizona: 0-12 plants

California: 6 mature or 12 immature plants

Hawaii, Nevada: 7 plants (3 mature, 4 immature)

Michigan, Rhode Island: 12 plants

Montana: 4 plants (mature) 12 seedlings

New Mexico: 16 plants (4 mature, 12 immature)

Oregon: 24 plants (6 mature, 18 immature)

Vermont: 9 plants (2 mature, 7 immature)

Washington: 15 plants

4) Cultivation is not allowed in Connecticut, Delaware, Illinois, New Hampshire, New Jersey, or the District of Columbia and a special license is required in New Mexico. In Arizona, cultivation is only allowed if the patient lives outside of the 25 mile radius from any dispensary.

5) Maryland does not condone the legal use of marijuana. However, the maximum penalty for possession of marijuana that can be proven to be medically necessary is a fine no more than 100 dollars.

6) In Utah, cannabis oil to treat epilepsy will be dispensed as a trial starting July 2014. These patients will need documentation from a neurologist stating their medical documentation.

7) In 18/20 of the states above (with the exception of Washington and Colorado) you are required to carry at all times a medical marijuana “card” or ID that states you are legally allowed to possess marijuana for medicinal use. You will be required to reapply for your card every 365 days

8) Dispensaries are for non-profit. They can legally accept money as a gift, but each state limits the amount of money they are allowed to “collect” from patients.

9) If you are on legal probation or in the custody of a parole officer, it is up to the discretion of the correctional facility to decide whether or not you can use marijuana for medicinal purposes. Most medical marijuana doctors and clinics will not approve, however.

10) The most important law is federal. The possession of marijuana is still illegal in regards to federal no matter what amount it is. Use caution if you have a medical marijuana card and are considering travel. You will be subject to penalty under federal jurisdiction. The following states recognize out-of-state medical marijuana cards:

Arizona

Delaware

Maine

Michigan

Rhode Island

Keep in mind that there are 13 states that are currently pending legislation to legalize medical marijuana. They are: